SUSHILA DEVI Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) This is second appeal under Section 100 of Code of Civil Procedure against the judgment dated 21.5.1983, passed by Vlth Addl. District Judge, Sitapur dismissing the defendants' appeal and confirming the judgment and decree dated 26.7.982, passed by IVth Addl. Munsif. Sitapur, decreeing the plaintiff-respondent's suit for possession over the house situated at village Dharag, Pargana Khairabad, Tehsil and district Sitapur.

(2.) I have heard Shri Avadhesh Kumar learned counsel for the appellants. The plaintiff-respondent is represented through a counsel but nobody appeared to argue the appeal.

(3.) It appears that the plaintiff-respondent Rameshwar Dayal filed a suit for possession of the disputed house on the ground that the disputed house belong to Smt. Sarju Dei and after her death, he being the maternal nephew is the only legal heir to inherit the property left by Smt. Sarju Dei. Smt. Sarju Dei died on 29.4.1977 and since then he has been in possession, over the disputed house. It is alleged that the defendant have got prepared a forged Will alleged to have been executed by Smt. Sarju Dei and on the basis of that Will according to them, they got executed their names in the revenue record. Plaintiff-respondent preferred an appeal against that order of mutation and the appeal was allowed and the alleged Will was declared to be a forged document in the mutation proceedings vide order dated 26.10.1978. It is alleged that on 7.1.1978, when the plaintiff was out, the defendants took forcible possession after opening the lock of the disputed house. On his return, the plaintiff lodged F.I.R. against the defendants and filed a suit for possession on 19.1.1980.